Leasehold - 1st tier tribunal

bowski83a

 A leaseholder in a block went to the 1st tier tribunal and a ruling was made on the maintenance charges. The ruling was for the period 2009 to 2017 and went to tribunal in 2021 - after finding out and reading the notes the ruling made the charges 2.5k less over the year I paid. 2 questions - as I was not part of the original case I’m guessing I would have to make my own claim and secondly would there be a 5/6 year limit on how far I could go back and try and claim? 

eddddy

The limitation act probably means you can't go back more than 6 years (in England/Wales).

Are you saying that you believe that you and another leaseholder in the same block got identical service charge bills - but the other leaseholder went to tribunal and got their bill reduced by £2.5k?

If so, maybe start by saying to your freeholder / management company that you want a similar reduction, or you will take them to tribunal.

You would need to bring your own tribunal case, perhaps jointly with others in the block who may be in the same situation.



There's one potential sticking point - you can't challenge a service charge at Tribunal if the charge was 'agreed or admitted' by the leaseholder. It would have been ideal if you'd said to the freeholder when you got the bill something like "I don't agree with the charge, so I'm paying under protest".

But I believe that the Tribunal has ruled in the past that 'saying nothing' isn't the same as 'agreeing' - so if you paid without saying anything, you should still be able to challenge the bill. (As long as you didn't say anything that implied you agreed with the service charge bill.)
 

bowski83a

Thanks for your response. The other leaseholder didn’t pay and the freeholder took them to the tribunal and that’s when they disputed all the charges and new charges were agreed and these are the amounts 2.5k lower than myself and other leaseholders have paid.

I paid without disputing or further conversation but just paid as I had a standing order set up.

Happy to take them to the tribunal I guess the only sticking point I have is the statute of limitations - I’m hoping as the lease is a deed I may be able to call on the 12 years rather than the 6 years 🤷🏼‍♀️

eddddy

bowski83a said:

I’m hoping as the lease is a deed I may be able to call on the 12 years rather than the 6 years 🤷🏼‍♀️

Yes - I think you might be right about 12 years for service charges. In any case, if you claim for 12 years at Tribunal, they will just reduce your claim, if they decide you're wrong.